Who buys and controls the CCTV?
Back to contents
66
Progressive interpretation of the right to freedom of expression and the
right to freedom of peaceful assembly leads to the recognition of the right
to protest, which also includes the right to take part in the conduct of
public affairs; the right to freedom of thought, conscience, and religion;
the right to participation in cultural life; the rights to life, privacy, liberty,
and security of a person; and the right to non-discrimination. The right to
protest is also essential to securing all human rights, including economic,
social, and cultural rights.129
States should ensure that derogable rights (qualified rights), which are
integral to the right to protest, are subject to restrictions only on grounds
specified in international law. In particular, no restriction on the rights to
freedom of expression, assembly, association, or privacy may be imposed
unless the restriction is provided by law and is legitimate, necessary, and
proportionate.
Using facial recognition technologies during protests may discourage
people from taking part in protests, which can have clear negative
implications for the effective functioning of participatory democracy.
Even if applied to police violence in protests, facial recognition may still
affect peaceful protesters or bystanders. In other words, the deployment of
facial recognition may generate a chilling effect whereby individuals alter
their behaviour and refrain from exercising their rights to protest. People
might thus be discouraged from meeting individuals or organisations,
attending meetings, or taking part in certain demonstrations. Likewise,
live facial recognition in public spaces can be used to target journalists,
posing a chilling effect on individuals’ and societies’ access to
information on protests. A plethora of examples from around the world
demonstrate the tendency of states to use CCTV cameras and subsequent
add-ons like face and emotion recognition to stifle the right to protest,
expression, anonymity, and political speech.130